PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 15 APRIL 2003
         DOCKET NUMBER: AR2003084122


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Richard T. Dunbar		Member
Ms. Yolanda Maldonado		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his records be corrected to reflect enlistment in pay grade E-3, payment of any back pay and allowances, and entitlement to an $8000.00 “High Grad Bonus.” He states, in effect, that in spite of providing the appropriate college transcripts, he was not permitted to enlist in the grade of E-3, or receive the appropriate enlistment bonus. In support of his request he submits copies of the college transcripts, which he contends were provided at the time of his enlistment processing.

3. Records available to the Board indicate that the applicant enlisted in the United States Army Reserve on 20 November 1999 under the Delayed Entry/Enlistment Program. He enlisted in the Regular Army and entered active duty on 18 May 2000 in pay grade E-2. His enlistment documents indicate that he was permitted to enlist in pay grade E-2 under the provisions of Army Regulation 601-210, paragraph 2-20. That paragraph permitted individuals with 30 or more semester hours from an accredited college or university, listed in the Accredited Institutions of Post-secondary Education book, to enlist in pay grade E-2. Included with the applicant’s enlistment documents was a copy of a transcript from the College of Oceaneering indicating the applicant had been credited with 47 semester hours, and a transcript from the Los Angeles Computer Learning Center where the applicant had accumulated 21 hours. The applicant’s “guidance counselor” authenticated the transcripts on 20 November 1999.

4. The College of Oceaneering is listed in the Accredited Institutions of Post-secondary Education book. The Los Angeles Computer Learning Center is not.

5. Nonetheless, the applicant had also completed 14 semester hours at the University of Montana during the Spring 2000 semester, which concluded in May 2000. It is unclear if that transcript was provided to the applicant’s recruiter at the time he was executing his 18 May 2000 Regular Army enlistment contract. The transcript provided by the applicant in support of his request to this Board was published in November 2000. The University of Montana is listed in the Accredited Institutions of Post-secondary Education book.

6. The applicant’s enlistment contract also indicates, in one area, that he was enlisting for a cash enlistment bonus of $4000.00 associated with his enlistment in a field artillery specialty (13R). In another area of his contract it indicates that he was enlisting for a “Hi Grad Enl Bonus” under the provisions of Department of the Army Message 180825Z November 1999, for a period of 3 years in specialty 13R. No dollar amount was reflected in that portion of his enlistment contract. Department of the Army Message 180825Z November 1999 was not available to the Board.



7. In the processing of this case, an advisory opinion was provided by the Retention Management Division of the United States Total Army Personnel Command. It recommended that the applicant’s petition to correct his enlistment document to show that he enlisted in the Regular Army on 18 May 2000 in pay grade E-3 be approved (with a date of rank of 18 May 2000) and that he receive any financial entitlements that he otherwise would have been entitled, had his enlistment grade been correct. They noted that as of the spring semester 2000 the applicant had accumulated 61 semester hours of college and as such, under the provisions of Army Regulation 601-210, paragraph 2-20f he was entitled to enlist in pay grade E-3.

8. The opinion noted that in accordance with Headquarters Department of the Army Message 180825Z Nov 99, applicants enlisting in specialty 13R with 60 or more semester hours were entitled to a “Hi-Grad Enlistment Bonus” amount up to $8000.00. However, because the applicant enlisted for a period of 3 years his Hi-Grad Enlistment Bonus was capped at $6000.00. They noted that the applicant had received a $4000.00 bonus and recommended that the applicant receive the $6000.00 bonus. Clarification of the provisions of the bonus message, obtained from the Retention Management Division on 10 April 2000, indicated that individuals enlisting in specialty 13R for 3 years with at least 30 semester hours, but less than 60, qualified for a Hi-Grad Enlistment Bonus of $4000.00

9. The applicant was provided a copy of the advisory opinion for comment. He did not provide any.

10. The applicant indicated in his 2002 application that he was serving in pay grade E-4. A review of the Army’s automated enlisted database indicates the applicant is no longer on active duty. However, attempts to secure a copy of his separation document to determine when he was released from active duty and when he was promoted to pay grade E-4, were not successful.

CONCLUSIONS:

1. Based on the evidence available to the Board, it appears that the applicant may have been enlisted in pay grade E-2, with entitlement to a $4000.00 Hi-Grad Enlistment Bonus, based on his 3-year enlistment with 47 semester hours from the College of Oceaneering. While the applicant’s documents do indicate that he provided copies of the college transcripts from the College of Oceaneering and the Computer Learning Center, as authenticated by his guidance counselor on 20 November 1999, only those credits from the College of Oceaneering were creditable for enlistment purposes.



2. However, notwithstanding the previous conclusion, the Board notes, as did the advisory opinion, that at the time the applicant enlisted in the Regular Army, in May 2000, he had accumulated a total of 61 semester hours from two accredited institutions (47 from the College of Oceaneering and 14 from the University of Montana). Even though his University of Montana transcript may not have been available at the time of his May 2000 enlistment action, there were other means available by which the applicant’s guidance counselor could have verified the applicant’s recently completed college hours. As such, the Board contends, in the interest of justice and equity, that the applicant should have been permitted to enlist in pay grade E-3 (with a date of rank of 18 May 2000), and entitled to the $6000.00 Hi-Grad Enlistment Bonus.

3. Based on the fact that he enlisted for only 3 years, the applicant would not have been entitled to the $8000.00 Hi-Grad Enlistment Bonus.

4. While the Board acknowledges that had the applicant been permitted to enlist in pay grade E-3 on 18 May 2000, with an associated date of rank, it is possible that he may have been promoted to pay grade E-4 at an earlier date. However, because information associated with the applicant’s promotion to pay grade E-4 was not available, the Board cannot address that issue as part of this action. The applicant is advised that he may submit a separate application, with appropriate supporting documents, if he wishes to have that issue addressed.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by correcting the applicant’s 18 May 2000 enlistment documents to show that he enlisted in pay grade E-3;

b. by establishing his date of rank for E-3 as 18 May 2000;

c. by providing the applicant any financial entitlements that he otherwise would have been entitled, had his enlistment grade been correct;

d. by correcting his enlistment documents to show that he was entitled to a $6000.00 Hi-Grad Enlistment Bonus, vice the $4000.00 bonus; and

e. by paying the applicant the difference between the two bonus amounts.


2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__JHL __ ___RTD _ __YM ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Joann H. Langston___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084122
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030415
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	112.02
2.	128.00
3.
4.
5.
6.